Committee
Rural Affairs, Climate Change and Environment Committee 04 March 2015
04 Mar 2015 · S4 · Rural Affairs, Climate Change and Environment Committee
Item of business
Community Empowerment (Scotland) Bill: Stage 2
I, too, welcome the fact that you have broadened the scope of community organisations that could be eligible, in particular so as to include a co-operative option. I wish to ask you a couple of questions about amendment 22. I invite you to put some points on record in relation to paragraphs (g), (h) and (i) of proposed new subsection (1B) of section 28. Starting with paragraph (g), could you clarify who you think is likely to want to exercise the right that it provides? What would you think of as being “reasonable”? The implied question is: what would not be reasonable? On paragraph (h), could you clarify what the circumstances might be where it would be legitimate for a community benefit society to “withhold information”? On paragraph (i), who would decide, in the circumstances where the provision was appropriate, how the surplus funds were actually to be applied? Who would have the final say on that?
In the same item of business
The Convener
SNP
The third item on our agenda today is to begin our consideration of amendments to part 4 of the Community Empowerment (Scotland) Bill at stage 2. I welcome...
The Convener
SNP
We start with group 1, which is on the nature of land in which community interest may be registered under part 2 of the 2003 act—separate tenements. Amendmen...
Aileen McLeod
SNP
The provisions of the Land Reform (Scotland) Act 2003 state at section 33(1), in part 2: “The land in which a community interest may be registered under thi...
Alex Fergusson
Con
I am not against the proposal at all but, so that I can better understand exactly what the implications are, can you tell me whether there is a full list of ...
Aileen McLeod
SNP
We can provide a full list around that. We are trying to ensure clarity around what the separate tenements owned separately from the land are eligible for—an...
Alex Fergusson
Con
That would be useful before stage 3. Amendment 12 agreed to. Amendments 13 to 17 moved—Aileen McLeod—and agreed to. Section 27, as amended, agreed to. Se...
The Convener
SNP
Group 2 is on ways in which community bodies and crofting community bodies may be constituted. Amendment 18, in the name of the minister, is grouped with ame...
Aileen McLeod
SNP
I am conscious that there is quite a lot for us to get through here. I will try to go through this as quickly as I can. Stakeholders have indicated a need f...
The Convener
SNP
Thank you. One or two members wish to comment, starting with Claudia Beamish.
Claudia Beamish
Lab
Minister, that was certainly a wide range of amendments to have to cover all at once. On amendment 21, I welcome the fact that the Scottish Government has i...
Aileen McLeod
SNP
The reasoning behind the increase in the proportion of members who must be from the community from a majority to three quarters is to assist with protecting ...
Sarah Boyack
Lab
I, too, welcome the fact that you have broadened the scope of community organisations that could be eligible, in particular so as to include a co-operative o...
Aileen McLeod
SNP
On the question of who would have the final say, that is up to ministers to decide. On the minutes, it is going too far in relation to the private sessions.
Sarah Boyack
Lab
Sorry—could you clarify that? I could not hear that last phrase.
Aileen McLeod
SNP
The minutes go back too far for the private sessions. It would be ministers who would decide that—around amendment 22. A body is not a community body unless...
Sarah Boyack
Lab
And for paragraphs (g) and (h)?
Aileen McLeod
SNP
It would be for the community body to decide for each individual request.
Sarah Boyack
Lab
So there is no interpretation of what “reasonable” is or any explanation of who you would expect would wish to get access to the information.
Aileen McLeod
SNP
This is in line with freedom of information requests.
Sarah Boyack
Lab
Okay.
Michael Russell
SNP
Viewers at home—if there are any left—will understand the classic Highland definition of a croft being a piece of land bounded by regulation. I strongly wel...
Aileen McLeod
SNP
I can give the member the commitment and the assurance that we are trying to simplify the process as much as we can and to get greater flexibility into it. O...
The Convener
SNP
I ask you to clarify one point, minister. You talked about people who have to live within 16km from their croft. What is the power in relation to the 32km ru...
Aileen McLeod
SNP
At the moment, the Crofting Reform (Scotland) Act 2010 uses 32km and the bill obviously uses 16km. The two pieces of legislation are currently out of sync. W...
Angus MacDonald
SNP
I would be concerned if the overall distance were reduced from 32km to 16km.
The Convener
SNP
That is not likely.
Aileen McLeod
SNP
No.
The Convener
SNP
We will seek clarity afterwards on the two pieces of legislation, which do not seem to be in sync. Do you want to wind up, minister?
Aileen McLeod
SNP
I am quite happy to press our amendments.
The Convener
SNP
We are happy with that, too. Amendment 18 agreed to. Amendments 19 to 25 moved—Aileen McLeod—and agreed to. Section 28, as amended, agreed to. Section ...